Monday January 18 Ag News

 Glewen retires from NE Extension
Deloris Pittman, Marketing & Promotions, ENREC

Please help us congratulate Keith Glewen on his retirement.  Keith is retiring on January 15, 2021.  We would like to thank Keith for his dedication, hard work and efforts during his 40 years with Nebraska Extension and 45 years with the University of Nebraska.  On behalf of the University of Nebraska Eastern Nebraska Research and Extension Center, we greatly appreciate all that he has done to build and grow programs locally, regionally and statewide.  We congratulate Keith on his many successes and thank him for all that he has done for the state of Nebraska.

Anyone who knows Keith knows how dedicated he is to Nebraska Extension and serving Nebraskans.   He has been working hard to finish up projects before he retires. We are in a time when in-person gatherings are challenging and it was his request for no special recognition. But we can't let him off that easy! So here are a few ways we would like you to help us honor Keith's well-accomplished career and congratulate him on his retirement.

The web page at https://go.unl.edu/congratskeithglewen has information and links to:

1 – A Kudoboard honoring Keith - We invite you to use the online guest book to send over sentiments, memories, well wishes, photos and videos honoring Keith.  Post as many as you want!  Just click the "add to board" button at the top of the page to get started.  https://www.kudoboard.com/boards/3RtKLfYS

2 - If you wish to send a card or letter to Keith in honor of his retirement, please send them to: Keith Glewen, Nebraska Extension, 1071 County Road G, Ithaca, NE 68033

3 - Check out the video at: https://mediahub.unl.edu/media/15332 to see Keith doing what he does best - teaching and serving clientele.  These are only a few of the pictures and videos out there of Keith.  And this video is a work in progress.  So please email dpittman1@unl.edu if you have photos or videos that you would like added.



Extension webinar to explore livestock nuisance, odor footprints

An upcoming Nebraska Extension webinar will examine recent livestock facility nuisance litigation and look at a tool from the University of Nebraska-Lincoln for assessing the odor footprints of these facilities.  

The webinar will be presented on Jan. 21, from noon to 1 p.m., by Dave Aiken, professor and agricultural law and water law specialist in the university’s Department of Agricultural Economics.

In its recent decision in the case of Egan v. County of Lancaster, the Nebraska Supreme Court affirmed the rulings of lower courts that a county zoning permit for three poultry barns was justified, in part, because neighbors of the facility would be “free of odor 94% of the time.” The webinar will explore this decision and the potential role of the Odor Footprint Tool in future livestock nuisance litigation.

The Odor Footprint Tool was developed by the University of Nebraska-Lincoln’s Biological Systems Engineering Department to increase the use of objective, science-based information in decision-making related to livestock odor and setback distances.

The webinar is presented as part of the Agricultural Economics Extension Farm and Ranch Management weekly series.

Registration is free at farm.unl.edu/webinars.



DIRECTORS COMPLETE "DIRECTOR CERTIFICATION PROGRAM"

            Derek Appley and Ryan May, directors of the Central Valley Ag Co-op headquartered in York, recently completed a four-phase educational program co-sponsored by the Nebraska Cooperative Council and CoBank.  Each will receive a Certificate of Recognition acknowledging completion of the program.

            The Director Certification Program is a unique educational program specifically designed to assist cooperative directors to more fully understand their ever-changing responsibilities.  The program has been presented annually at various locations throughout Nebraska since its inception in 1978.  More than 8,400 phases have been completed.  This year, due to the pandemic, we offered the program virtually.

            The program consists of four one-day courses designed to help participants become more effective cooperative directors.  Some of the workshop topics include legal obligations of directors; cooperative principles and practices; using financial statements in making decisions; the benefits of long-range planning; capitalization of cooperatives; and a director’s role in establishing proper controls.  Workshop segments are patterned to closely follow the growing responsibilities of cooperative directors.

            Rocky Weber, President & General Counsel of the Nebraska Cooperative Council of Lincoln, said, ‟Farm supply and marketing cooperatives are essential segments of the agribusiness industry in Nebraska.  These local cooperatives contribute to the success of today's farmers and ranchers, and the complexities of cooperatives only grows.  This requires local directors to continually seek out training programs to enhance their skill set.  The Council continues to place a high priority on director education programs because education will be a key factor in determining the future success of Nebraska’s cooperatives.”

            The Nebraska Cooperative Council is the trade association for agricultural cooperatives.  Over 96% of the agricultural cooperatives throughout Nebraska are members of the Council.



Virtual town hall to feature discussion on local meat processing

The Center for Rural Affairs will host the virtual town hall, “A Meat Sector That Works for Nebraska’s Farmers, Processors, and Customers,” from 6 to 7 p.m. Jan. 27.

“In Nebraska, there is a growing interest in finding ways to make our meat industry work better for folks here in the state,” said Nathan Beacom, senior policy associate for the Center. “By expanding the capacity of our independent processors and making it easier for customers to purchase meat from the farmer up the road, we can benefit everyone involved.”

Speakers for the virtual town hall will include a farmer, processor, and policy experts, including Paula Peterson, a cattle producer and Brent Winfield, owner of Aurora Meat Block.

Among the topics will be Legislative Bill 324, introduced by Sen. Tom Brandt of Plymouth. The bill would create the Independent Processor Assistance Program, which provides a roadmap for increasing local processing capacity and expanding market access for small producers. It would also make it easier for the consumer to purchase individual packages of meat directly from the producer or processor and allow the producer and consumer more flexibility when deciding where their meat is processed.

Visit cfra.org/events to register.

Questions can be directed to Beacom at nathanb@cfra.org or 402-687-2100 ext. 1032.



Covid-19 Drives Changes for 2021 Iowa Pork Congress

The 2021 Iowa Pork Congress may not be an in-person event this year, but there are still virtual options for online sessions that will bring useful information to Iowa's pig farmers.

"Our producer education committee focused on a few key topics that it felt would help out Iowa farmers, said Jamee Eggers, producer education director for the Iowa Pork
Producers Association (IPPA). "Each education session is just one-hour long, including the opportunity for those who participate to ask questions of the presenters."

Registration for the education sessions is required in order to receive the link to join the session.

Jan. 27 Sessions
At noon, Wednesday, Jan. 27, the keynote for the meeting will be presented by Damian Mason, who will talk about the current events impacting agriculture that start with the letter f: foodies, fair trade, feelings, finance, and the future. Mason is known for motivating and inspiring audiences in both good and bad ag climates. Register to get the link for his session at bit.ly/IPC-keynote-damian-mason.

The second presentation that day is at 7 p.m. The panel discussion will cover the lessons learned from the market disruptions last spring. Those lessons can be applied to future market disruptions, even those caused by a foreign animal disease outbreak. Iowa State University (ISU) Extension swine specialist Colin Johnson will lead a panel discussion with Lucia Hunt, Minnesota Department of Agriculture; Sara Crawford, National Pork Board; and Nick Gabler, a swine nutrition professor at ISU. The link to register for this session is bit.ly/IPC-panel-covid-challenge.

Jan. 28 Sessions
The first education session on Thursday, Jan. 28 is a 7 a.m. The presentation by Hannah Thompson-Weeman of the Animal Ag Alliance will discuss the individuals and organizations behind animal activists. Thompson-Weeman will talk about what farmers can do to improve their own farm security, but also how to counter activists' tactics.  Register for this session at bit.ly/IPC-protecting-your-livelihood.

Recent pig and pork marketing tools is the topic for the second session on Thursday. It begins at noon, and will be a panel led by ISU livestock economist Lee Schulz. Schulz will be joined by Bill Kaelin of K&M Trading, LLC; Tim Hughes of CIH; and Pat Von Tersch, a marketing specialist. The group will talk about the new pork cutout contract, other marketing resources, and updates for Livestock Risk Protection Insurance and Livestock Gross Margin insurance. Register for this marketing session at bit.ly/IPC-panel-marketing-tools.

More information about the online Iowa Pork Foundation Auction and livestreaming the awards banquet can be found at www.iowapork.org/iowa-pork-congress-2021.

The Iowa Pork Congress has been North America's most successful winter swine trade show and conference. The IPPA Board of Directors decided to cancel the trade show and go virtual with the education sessions in order to protect the health of the 4-5,000 people who typically attend the event.
 
"We simply relied on our We Care Iowa core values: caring for the people in our communities and working together to solve the big issues our communities face, and today that big issue is coronavirus," said IPPA President Mike Paustian of Walcott.
 
The 2022 show is scheduled for Jan. 26-27, 2022 in Des Moines. It will be the 50th anniversary of the Iowa Pork Congress.



Iowa Biodiesel Production Up in 2020 Despite COVID-19 Headwinds

Although only nine of Iowa’s 11 biodiesel plants operated in 2020, they still managed to bump up production to 351 million gallons despite market challenges presented by the COVID-19 pandemic and Renewable Fuel Standard (RFS) exemptions. 2020 proved to be the 2nd highest year of biodiesel production in Iowa history behind 365 million gallons in 2018. Plenty of room for growth remains given Iowa’s over 400-million-gallon production capacity.

Iowa Renewable Fuels Association Executive Director Monte Shaw credited the bump in production to the reinstatement and long-term extension of the federal biodiesel blenders tax credit in late 2019, which provided a boost for higher biodiesel blends.

“The long-term extension of the biodiesel blenders tax credit gave Iowa biodiesel producers the market certainty to be successful even in a very uncertain year,” Shaw said. “COVID-19 did not hurt the diesel market the same way it gutted gasoline demand and, as result, production went up. Hopefully Iowa can take another step forward and utilize even more of our biodiesel capacity if there is proper implementation of the RFS in 2021.”

Iowa biodiesel production is expected to account for roughly 20 percent of total U.S. biodiesel production in 2020.

Soybean oil continued to be the feedstock of choice for the majority of Iowa biodiesel production, making up over 85 percent. Corn oil was second at just over eight percent. Animal fat, canola oil, and used cooking oil made up the rest of the feedstock used by Iowa biodiesel producers.



USDA Announces Appointments to the National Pork Producers Delegate Body

The U.S. Department of Agriculture (USDA) today announced the appointment of 145 producers and five importers to the 2021 National Pork Producers Delegate Body.

Members appointed to serve one-year terms are:
•    Alabama: Luther Bishop, Cherokee; Timmy Gates, Carrollton
•    Alaska: Rich Worrell, Wasilla; Pattie Worrell, Wasilla
•    Arizona: Shannon Schulz, Tonopah
•    Arkansas: Kayla C. Blake, Russellville; Steve Balloun, Dardanelle
•    California: Chance Reeder, Modesto; Aaron Prinz, Woodland
•    Colorado: Andrea R. Anderson, Wray; J.B. Chapman, Craig
•    Delaware: John B. Tigner, Jr., Hartly; Henry Clay Johnson IV, Selbyville
•    Florida: Tommy Crawford, Lake Butler; Kyle M. Mendes, Gainesville
•    Georgia: Dania DeVane, Cuthbert; Mark Clemmer, Broxton
•    Hawaii: Ronald B. McKeehan, Sr., Honokaa; Kaylen Souza, Waianae
•    Idaho: Jared T. Teuscher, Burley; Brad Thornton, Kuna
•    Illinois: Dale Weitekamp, Raymond; Alan Kollmann, Altamont; Chad Leman, Eureka; Thomas Titus, Elkhart; Pam Janssen, Minonk; Jason Propst, Toledo
•    Indiana: Nick Maple, Amboy; Tyler Fledderman, West Lafayette; Mike Taylor, Uniondale; Troy Furrer, Wolcott; James L. Erickson, North Manchester; Brian Martin, Logansport
•    Iowa: Linda Schroeder, Remsen; Jamie Schmidt, Garner; John Vossberg, Janesville; Trish Cook, Winthrop; Aaron Juergens, Carroll; Howard Hill, Cambridge; Joel Van Gilst, Oskaloosa; Chelsea Theobald, Muscatine; Tim Bierman, Larrabee; Aaron Cook, Winthrop; Mike Deahr, West Liberty; James F. Hogan, Monticello; Gregg K. Hora, Fort Dodge; Greg Lear, Spencer; Rod Leman, Fort Dodge; Dennis Liljedahl, Essex; Curtis Meier, Clarinda; Mark Meirick, Protivin; Dwight Mogler, Alvord; David Moody, Nevada; Mike Paustian, Walcott; Ryan Pudenz, Ames; Kevin L. Rasmussen, Goldfield; Dale Gerard Reicks, New Hampton; Kenneth Ries, Ryan; Leon C. Sheets, Ionia; Dave Struthers, Collins; Trent Thiele, Elma; Marv Van Den Top, Boyden; Al Wulfekuhle, Quasqueton
•    Kansas: Kenton McKee, Goff; David Hartter, Sabetha; Roy J. Henry, Longford; Michael Springer, Neodesha
•    Kentucky: Eric Heard, Russellville; Benji Hudnall, Bowling Green
•    Maine: Michael Hemond, Minot; Brittany Hemond, Minot
•    Michigan: Pat Albright, Coldwater; Ryan Hunter, Vicksburg; Edward L. Reed, Three Rivers
•    Minnesota: Angie Toothaker, Granada; Meg E. Freking, Alpha; Chris Compart, Nicollet; Dan Helvig, Truman; Galen M. Johnson, Morristown; JoDee Haala, New Ulm; Brian Schwartz, Sleepy Eye; Myrna Jean Welter, Stewartville; Brian Johnson, Walnut Grove; Brad Hennen, Ghent; Todd Selvik, Waseca; Roger D. Punt, Prinsburg; Terry D. Wolters, Pipestone
•    Mississippi: Sean Boe, Moselle; Gerald Thompson, Bruce
•    Missouri: Adam Dohrman, Houstonia; Donald L. Laut, Jr., Fredericktown; Dean Rehmeier, Augusta; Steve Brier, Nevada
•    Montana: Peter John Wipf, Carter; Jacob A. Waldner, Havre
•    Nebraska: Aaron Doerr, Creighton; Darin Uhlir, Saint Paul; Mark Wright, Fremont; Michael Wisnieski, Omaha; John Csukker, Shelby
•    Nevada: Sarah Stallard, Las Vegas; Clayton Combs, Las Vegas
•    New York: James M. Luckman, Lewiston; Jennifer Schwab, North Java
•    North Carolina: Mark Daughtry, Clinton; Brian Kennedy, Pink Hill; James L. Lamb, Clinton; Jim H. Lynch, Goldsboro; Lorenda Overman, Goldsboro; Jay Archer, Tarboro; Gaye D. Crowther, Tabor City; Jared Porter, Concord; Jennifer B. Daniels, Autryville; Christina E. Phillips, Wallace
•    North Dakota: Pavel “Diesel” Danil, Michigan; Seth Bacon, Larimore
•    Ohio: Janel Hord, Bucyrus; Ryan McClure, Grover Hill; David I. Shoup, Smithville; Nick Seger, Sidney
•    Oklahoma: Angie Johnson, Holdenville; Joe Popplewell, Stillwater; Robert Peffley, Seminole
•    Oregon: Jennifer Blake, Newberg; Ray Blake, Newberg
•    Pennsylvania: Ben Barcovtch, Lock Haven; Dave Heckel, Lititz; Jeremy A. Ranck, Christiana
•    South Carolina: Mark A. McLeod, Pinewood
•    South Dakota: Shane Odegaard, Lake Preston; Ryan Storm, Mount Vernon; Ferlyn Hofer, Canistota; Bill Larsen, Wolsey
•    Tennessee: Dolly Jane Barnes, Selmer; James Mathis, Duck River
•    Utah: Jace K. Ballard, Benson; Cole D. Sorenson, Beaver
•    Virginia: Jessica Cunningham, Elberon; R.O. Britt, Williamsburg
•    Washington: Robin Stebbins, Snohamish; Jodi Stebbins, Snohamish
•    Wisconsin: Nathan Brickl, Spring Green; James Magolski, London
•    Wyoming: Joe Bridges, Powell; Ana Shmidl, Pine Bluffs
•    Importers: Martin Sauer, Jersey City, New Jersey; Frank Jensen, Hoboken, New Jersey; Roland L. Schinbeckler, Warren, New Jersey; Jeanine Dana Costa, Bayonne, New Jersey; Giulia Angoscini, New York, New York

Delegates meet annually to recommend the rate of assessment, determine the percentage of assessments that state associations will receive, and nominate producers and importers to the National Pork Board. Representation on the Delegate Body is based on annual net assessments collected on sales of domestic hogs within individual states, with a minimum of two producers from each state. States have the option of not submitting nominees.

The Pork Board and the Delegate Body were established under the Pork Promotion, Research, and Consumer Information Act of 1985. By law, USDA's Agricultural Marketing Service oversees operations of the Pork Board and the Delegate Body.



National FFA CEO Resigns

The National FFA Board of Directors and National FFA Board of Trustees announced the resignation of Mark Poeschl as CEO of the National FFA Organization and National FFA Foundation, effective Jan. 15.

"It's been my distinct honor to serve in this role since August 2016. I know I haven't always made everyone happy; I know there have been challenges we have faced during my tenure, but my intentions have been for the best interests of FFA and our student members. I'm proud of what we have accomplished together, but now it's time for the next CEO of FFA to step in and make their mark, and to lead the next stage for National FFA with your good support and enthusiasm," Poeschl said.

The group's governance committee will now come together to discuss plans to identify the next CEO of the youth organization.

The National FFA is a school-based national youth leadership development club of more than 760,000 student members.



Last Minute “Catch All” Proposed Rule by Trump EPA is a mixed bag for biofuels

Today the EPA announced it was proposing a rule for public comment that covered unresolved biofuels issues ranging from requests for Renewable Fuel Standard (RFS) waivers, to delaying RFS compliance deadlines, to possible changes to labeling and infrastructure requirements for E15 retailers.

In response, Iowa Renewable Fuels Association Executive Director Monte Shaw made the following Statement:

“While the wording in today’s announcement appears to rule out the granting of further illegal RFS exemptions as had been rumored this week, we will remain vigilant until the clock strikes noon on January 20. Ultimately this multifaceted rule will be adjudicated by the Biden EPA and we are ready to work with them to improve and finalize the portions of this rule that follow the law, make common sense, and increase access to biofuels.

“The unfounded requests by oil state governors for general RFS waivers should have been rejected months ago and the RFS compliance deadline extensions are similarly troublesome. But some good could come from today’s proposals to improve or, preferably, eliminate altogether, the mandatory federal E15 label. Perhaps even more importantly is the small step included that recognizes that much of the existing fueling infrastructure is compatible with E15 blends, even if current regulations don’t recognize it as such. Eliminating this unnecessary barrier to market access for E15 would be a true game changer, but today’s rule does not go far enough. We will now turn our focus to making our case to the Biden Administration. Biofuels producers are ready to work alongside the new leadership to build a cleaner, brighter future as there is much work left to be done to expand market access to higher blends of biofuels.”



USDA Offers Additional Assistance for Certain Producers Through Coronavirus Food Assistance Program

U.S. Secretary of Agriculture Sonny Perdue announced the U.S. Department of Agriculture (USDA) will provide additional assistance through the Coronavirus Food Assistance Program (CFAP), expanding eligibility for some agricultural producers and commodities as well as updating payments to accurately compensate some producers who already applied for the program. Producers who are now eligible and those who need to modify existing applications due to these updates can contact USDA’s Farm Service Agency (FSA) between Jan. 19 and Feb. 26. Some of these changes are being made to align with the recently enacted Consolidated Appropriations Act of 2021 while others are discretionary changes being made in response to ongoing evaluation of CFAP.
 
“The COVID-19 pandemic has left a deep impact on the farm economy, and we are utilizing the tools and monies available to ease some of the financial burdens on American producers to ensure our agricultural economy remains strong, independent and a global leader in production,” said Secretary Perdue. “As part of implementing CFAP 1 and CFAP 2, we identified new areas of support and Congress recently directed us to provide additional relief. This additional assistance builds on to the $23.6 billion in assistance already provided to our farmers and ranchers impacted by the pandemic, and we will continue to implement other provisions enacted by Congress.”
 
Background:
Expanded Eligibility for CFAP 2
Contract producers of swine, broilers, laying hens, chicken eggs and turkeys who suffered a drop in revenue in 2020 as compared to their 2019 revenue because of the pandemic now are eligible for assistance. Producers could receive up to 80% of their revenue loss, subject to the availability of funds.
 
Producers of pullets and turfgrass sod also now are eligible for CFAP payments. The commodities were not explicitly included in the initial CFAP 2 rule. Payments are based on eligible sales, and the payment calculation in the updated rule includes crop insurance indemnities, Noninsured Crop Disaster Assistance Program (NAP), and Wildfire and Hurricane Indemnity Program – Plus (WHIP+) payments.
 
Updated Payment Calculations for CFAP 2
Similarly, FSA adjusted the payment calculation to use the producer’s eligible 2019 calendar year sales, and 2019 crop insurance indemnities, NAP, and WHIP+ payments, multiplied by the applicable payment rate for all sales commodities, which include specialty crops, aquaculture, tobacco, specialty livestock, nursery crops and floriculture, for CFAP 2. Producers who applied during the sign-up period that closed Dec. 11, 2020, can modify an existing CFAP 2 application between Jan. 19 and Feb. 26, 2021.
 
Additionally, FSA adjusted the payment calculation for certain row crops for CFAP 2, specifically those for which a producer had crop insurance coverage but not an available 2020 Actual Production History (APH) approved yield. FSA is now using 100% of the 2019 Agriculture Risk Coverage-County Option (ARC-CO) benchmark yield to calculate payments when an APH is not available rather than 85%, which was in the original CFAP 2 calculations. This calculation change is only for producers with crop insurance coverage who grow barley, corn, sorghum, soybeans, sunflowers, upland cotton and wheat. Producers who applied during the sign-up period that closed Dec. 11, 2020, can modify an existing CFAP 2 application between Jan. 19 and Feb. 26, 2021.
 
CFAP 1 ‘Top-up’ Payments for Swine
FSA is providing an additional CFAP 1 inventory payment for swine to help producers who face continuing market disruptions from changes in U.S. meat consumption due to the pandemic. Swine producers with approved CFAP 1 applications will soon automatically receive a “top-up” payment of $17 per head increasing the total CFAP1 inventory payment to $34 per head.
 
More Information
Newly eligible producers who need to submit a CFAP 2 application or producers who need to modify an existing one can do so between Jan. 19 and Feb. 26, 2021, by contacting their local USDA Service Center. New applicants can also obtain one-on-one support with applications by calling 877-508-8364.
 
In addition to the changes being made to CFAP, per language in the Consolidated Appropriations Act of 2021, FSA will extend 2020 Marketing Assistance Loans to provide additional flexibilities for farmers. FSA is also preparing to move forward on implementation of the remaining provisions of the recently passed Consolidated Appropriations Act of 2021.
 
To learn more about this additional assistance, visit farmers.gov/cfap.



USDA Publishes Final Rule for the Domestic Production of Hemp

The U.S. Department of Agriculture (USDA) today announced the final rule regulating the production of hemp in the United States. The final rule incorporates modifications to regulations established under the interim final rule (IFR) published in October 2019. The modifications are based on public comments following the publication of the IFR and lessons learned during the 2020 growing season. The final rule is available for viewing in the Federal Register and will be effective on March 22, 2021.

“With the publication of this final rule, USDA brings to a close a full and transparent rule-making process that started with a hemp listening session in March 2019,” said USDA Marketing and Regulatory Programs Under Secretary Greg Ibach. “USDA staff have taken the information you have provided through three comment periods and from your experiences over a growing season to develop regulations that meet Congressional intent while providing a fair, consistent, science-based process for states, tribes and individual producers. USDA staff will continue to conduct education and outreach to help industry achieve compliance with the requirements.”

Key provisions of the final rule include licensing requirements; recordkeeping requirements for maintaining information about the land where hemp is produced; procedures for testing the THC concentration levels for hemp; procedures for disposing of non-compliant plants; compliance provisions; and procedures for handling violations.

Background:
On Oct. 31, 2019, USDA published the IFR that provided specific details on the process and criteria for review of plans USDA receives from states and Indian tribes regarding the production of hemp and established a plan to monitor and regulate the production of hemp in those states or Indian tribes that do not have an approved state or Tribal plan.

The IFR was effective immediately after publication in the Federal Register and provided a 60-day public comment period. On Dec. 17, 2019, USDA extended the comment period until Jan. 29, 2020, to allow stakeholders additional time to provide feedback. USDA re-opened the comment period for 30 days, from Sept. 8 to Oct. 8, 2020 seeking additional comments from all stakeholders, especially those who were subject to the regulatory requirements of the IFR during the 2020 production cycle. In all, USDA received about 5,900 comments.

On Feb. 27, 2020, USDA announced the delay of enforcement of the requirement for labs to be registered by the Drug Enforcement Administration (DEA) and the requirement that producers use a DEA-registered reverse distributor or law enforcement to dispose of non-compliant plants under certain circumstances until Oct. 31, 2021, or the final rule is published, whichever comes first. This delay has been further extended in the final rule to December 2022.

The Agriculture Improvement Act of 2018 (2018 Farm Bill) directed USDA to issue regulations and guidance to implement a program for the commercial production of hemp in the United States. The authority for hemp production provided in the 2014 Farm Bill was extended until January 1, 2022, by the Continuing Appropriations Act, 2021, and Other Extensions Act (Pub. L. 116-260) (2021 Continuing Appropriations Act) allowing states and institutions of higher education to continue to grow or cultivate industrial hemp at certified and registered locations within the state for research and education purposes under the authorities of the 2014 Farm Bill.

More information about the provisions of the final rule is available on the Hemp Production web page on the Agricultural Marketing Service (AMS) website.



Growth Energy Statement on EPA Actions on E15 Labeling, Infrastructure, and RFS Waiver Request  

Today, Growth Energy issued a statement following the U.S. Environmental Protection Agency’s (EPA) announcement it will open rulemaking regarding E15 fuel dispenser labeling and compatibility with underground storage tanks, and request comment on petitions for a waiver of the 2019 and 2020 Renewable Fuel Standards (RFS). In the proposed E15 rule, EPA offered two paths forward on E15 labeling at the pump, while proposing ways the administration can further remove infrastructure barriers.   

“We are pleased to see this first step toward removing onerous labeling and underground tank requirements and expanding access to E15 for American drivers,” said Growth Energy CEO Emily Skor. “With 95 percent of vehicles approved for E15 and over 18 billion miles driven on the fuel, the best outcome for this rulemaking is to remove the label entirely. As the rulemaking process advances, we look forward to working with the incoming Biden Administration to ensure that the final rule addresses any remaining retail and infrastructure barriers that currently hold back cleaner, more affordable options at the fuel pump.”  

“Despite this potential progress on E15, important work remains to defeat the offensive attempt by refiners to avoid their biofuel blending obligations through general waivers. Given President-elect Biden’s commitments on the campaign trail, we‘re confident his incoming team will uphold the integrity of the RFS and reject these oil-backed waiver requests before rural recovery is derailed. We’ve seen the courts reject this kind of abuse before and urge the incoming administration to ensure refiners meet their blending obligations.”



RFA Responds to EPA’s Last-Minute Actions on RFS, E15

With just four days remaining in the Trump administration, the U.S. Environmental Protection Agency today announced four actions related to the Renewable Fuel Standard (RFS) and E15.

First, in next Tuesday’s Federal Register, EPA will announce it is seeking public comments on requests from refiners and oil state governors to provide a general waiver from 2019 and 2020 RFS renewable volume obligations due to COVID-19. In a detailed letter to EPA in April 2020, RFA  urged the agency to deny these requests, as they fail to meet the criteria previously set forth for granting a waiver. RFA President and CEO Geoff Cooper offered the following remarks on EPA’s solicitation of comments on the general waiver requests:

“This is nothing more than one last desperate attempt by the refiners to undermine the RFS and protect their chokehold on the nation’s fuel markets. But it cannot succeed because EPA has no authority to waive RFS volumes unless the petitioners show that the RFS itself is the cause of the ‘severe economic harm’ to a state, region, or the nation. Such a showing would be impossible, especially because the renewable fuel blending requirements have already adjusted lower in tandem with COVID-related changes in gasoline and diesel consumption. In reality, the general waiver requests submitted to EPA come nowhere close to satisfying the well-defined statutory criteria and requirements established for requesting a waiver.
 
“The parties requesting these waivers admit that the problems facing refiners today are driven by COVID-19 and a volatile crude oil market, not the RFS. These same factors are impacting the ethanol industry as well, and to an even greater extent: at the height of the COVID-19 lockdowns, nearly half of the nation’s ethanol production capacity was idled as a result of falling gasoline demand. The ethanol industry has already lost $4 billion in revenue due to the pandemic, and producers continue to struggle from COVID-related market disruptions as 2021 begins. A general waiver at this point would only serve to close more ethanol plants and kill more jobs across rural America.
 
“The governors and refiners asking for a waiver also apparently have forgotten about the record supply of banked compliance credits (RINs) available to refiners. COVID-19 is exactly the sort of market disruption that EPA had in mind when it developed the RIN credit trading market mechanism.”

Second, EPA has announced in today’s Federal Register a final determination that no additional measures are necessary to mitigate “potential adverse air quality impacts” associated with the Renewable Fuel Standard. RFA’s Cooper responds:

“We agree with EPA that no additional ‘fuel control measures’ are necessary to mitigate ‘adverse air quality impacts’ from the RFS, because there are no ‘adverse’ impacts! The scientific evidence demonstrates that increasing the concentration of ethanol in gasoline improves air quality, meaning EPA should be focused on enforcing the full statutory RFS volumes rather than wasting time on the oil industry’s endless RFS waiver requests.”

Also in today’s Federal Register, EPA has proposed to extend compliance deadlines for 2019 and 2020 renewable volume obligations. RFA’s Cooper responds:

“EPA’s proposal to extend compliance deadlines is based on the premise that the Agency should await direction from the Supreme Court with regard to small refinery exemptions before deciding what to do with the pending 2019 and 2020 annual standards. While we don’t agree that EPA needs to wait as long as it is proposing, particularly for the 2020 compliance year, we do agree with EPA that the outgoing administration should refrain from any further action on the pending small refinery petitions. To that end, we see EPA’s statement in this proposal that it is not taking a position on 2019 SREs as a good sign, and we’re hopeful it means EPA will not attempt to unlawfully grant midnight-hour SREs in the last five days of the Trump administration.”

Finally, next Tuesday’s Federal Register will also include a proposal from EPA for removing certain barriers to expanded sales of E15, a gasoline blend containing 15% ethanol. RFA’s Cooper responds:

“RFA is pleased to see that EPA is finally issuing its long-awaited proposal to remove unnecessary barriers to E15 expansion in the marketplace. We have long supported reforms and changes to the E15 pump label, which has deterred American drivers from using the lower-carbon, lower-cost, more-efficient E15 blend. We also agree that EPA’s current regulations regarding the compatibility of underground storage tanks should be revisited and we are pleased to see that issue being addressed in this proposal. We continue to analyze the E15 proposal and are working with the retail sector to understand how these proposed changes may affect the marketplace.”
 
RFA will be providing comments on all of these matters and testifying at the public hearings scheduled on several of these proposed actions.



 ACE Welcomes Long-Awaited E15 Proposal, Slams RFS Waivers

Today, the Environmental Protection Agency (EPA) announced that on January 19, with one day left in the Trump administration, the Agency will issue a proposed rulemaking on E15 label revisions and underground storage tank compatibility, and separately will seek comment on waiver petitions from refiners and Governors of oil states under the 2019 and 2020 Renewable Fuel Standard (RFS) compliance years. American Coalition for Ethanol (ACE) CEO Brian Jennings responded in the following statement:

“ACE strongly supports EPA’s proposal to make E15 more accessible to retailers and motorists, but once again, the Trump EPA has chosen to bundle a promise to do right by ethanol with a poison pill gift to oil refiners. EPA relied on a similarly distorted game plan when it allowed the use of E15 year-round but nullified the potential upside of that rule with scores of illegal refinery waivers of the RFS.

“Instead of breathing life into unwarranted petitions from refiners and oil-state Governors to waive the 2019 and 2020 RFS alongside its proposal to treat E15 like other fuels, EPA should have denied the waiver requests outright because the petitioners failed to meet the thresholds established by the law and previous precedent. The statute is clear; to secure a general waiver of the RFS, a petitioner must provide evidence to EPA that implementation of the RFS itself is the cause of severe economic harm, not outside factors such as COVID-19. In fact, the waiver requests from refiners and oil-state Governors complain about the economic fallout of the coronavirus pandemic but fail to admit the fact that ethanol producers also experienced a collapse in demand due to COVID-19. By choosing to seek comment on the RFS waivers instead of denying them outright, EPA is creating uncertainty about RFS blend levels and downward pressure on RIN prices, which in turn, will reduce incentives to blend E15 and E85 and increase gas prices for consumers.

“We remind the Administration that oil refiners are not the only ones suffering from the economic fallout of the current situation. Ethanol producers, and the farmers supplying them corn, are suffering a proportional economic disaster. We’ll work diligently with the incoming Biden administration to open new markets for low carbon fuels and quickly dispense with these disingenuous RFS waiver requests.”



Secretary Perdue Statement on H-2A Modernization

U.S. Secretary of Agriculture Sonny Perdue today issued a statement applauding the Department of Labor’s final rule modernizing the H-2A visa program:

“This final rule streamlining and modernizing the H-2A visa process will go a long way in ensuring American farmers have access to a stable and skilled workforce, all while removing unnecessary bureaucratic processes. USDA’s goal is to help farmers navigate the complex H-2A program that is administered by Department of Labor, Department of Homeland Security, and the State Department so hiring a farm worker is an easier process,” said Secretary Perdue. “These modernizations make the Federal government more responsive to our customers, ensuring American agriculture continues to lead the world for years to come.”

Background:
The final rule will streamline the H-2A application process by mandating electronic filing of job orders and applications. These elements are designed to bring the H-2A application process into the digital era, by harnessing the power of the FLAG electronic filing system to share information with other federal agencies like the Department of Homeland Security while also sharing information with the State Workforce systems and domestic farmworkers.

Additionally, the final rule will provide additional flexibilities to cut down on unnecessary burdens on the agricultural employers that use the program. These flexibilities include the ability to stagger the entry of workers into the country over a 120-day period and allowing agricultural employers the flexibility to file a single application for different dates of need instead of multiple applications.